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approved in form by the City Attorney.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit
<br />of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned,
<br />hired and non -owned automobiles.
<br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
<br />of the Labor Code, SAPPHIRE, if SAPPHIRE has any employees, is required to be insured against
<br />liability for worker's compensation or to undertake self- insurance. Prior to commencing the
<br />performance of the work under this Agreement, SAPPHIRE agrees to obtain and maintain any
<br />employer's liability insurance with limits not less than $1,000,000 per accident.
<br />d. The following requirements apply to the insurance to be provided by SAPPHIRE
<br />pursuant to this section:
<br />(1) SAPPHIRE shall maintain all insurance required above in full force and
<br />effect for the entire period covered by this Agreement.
<br />(ii) Certificates of insurance shall be furnished to the City upon execution of
<br />this Agreement and shall be approved in form by the City Attorney.
<br />(iii) Certificates and policies shall state that the policies shall not be canceled
<br />or reduced in coverage or changed in any other material aspect without
<br />thirty (30) days prior written notice to the City.
<br />e. If SAPPHIRE fails or refuses to produce or maintain the insurance required by this
<br />section or fails or refuses to furnish the CITY with required proof that insurance has been procured
<br />and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith
<br />terminate this Agreement. Such termination shall not effect SAPPHIRE's right to be paid for its
<br />time and materials expended prior to notification of termination. SAPPHIRE waives the right to
<br />receive compensation and agrees to indemnify the CITY for any work performed prior to approval
<br />of insurance by the CITY.
<br />INDEMNIFICATION
<br />SAPPHIRE agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives from liability for personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
<br />injury, including health, and claims for property damage, which may arise from the direct or indirect
<br />operations of SAPPHIRE or its contractors, subcontractors, agents, employees, or other persons
<br />acting on their behalf which relates to the services described in section 1 of this Agreement.
<br />SAPPHIRE further agrees to indemnify, hold harmless, and pay all costs for the defense of the
<br />CITY, including fees and costs for special counsel to be selected by the CITY, regarding any action
<br />by a third party challenging the validity of this Agreement, or asserting that personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief due to personal or property
<br />rights arises by reason of the terms of, or effects arising from this Agreement. CITY may make all
<br />reasonable decisions with respect to its representation in any legal proceeding.
<br />8. CONFLICT OF INTEREST CLAUSE
<br />SAPPHIRE covenants that it presently has no interests and shall not have interests, direct
<br />or indirect, which would conflict in any manner with performance of services specified under this
<br />Agreement.
<br />9. NOTICE
<br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
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